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13 Mar 2024, 11:00 pm
And to that end, the defendants submitted an opinion from a medical expert, PG’s medical records, and deposition transcripts, which all purported to show that the defendants did not deviate from the “appropriate standard of care,” and that they had not caused PG’s injuries. [read post]
26 Jul 2019, 4:43 pm by Jeff DeFrancisco
The Court’s Decision The New York Appellate Division, Third Department, affirmed the lower court’s decision in favor of the defendants. [read post]
9 Aug 2012, 7:06 am by Arthur H. Kravitz
 On July 5, 2012, the Appellate Division upheld an Order of a Judge of the New Jersey Division of Workers’ Compensation denying benefits to an injured worker as well as ordering that worker to repay benefits already paid due to failure to disclose a past medical history. [read post]
10 Dec 2008, 12:00 pm
"Further, the Appellate Division commented that Altieri's disqualification for medical reasons "cannot be the predicate of a discrimination claim under Executive Law §296(1)(a). [read post]
17 Feb 2023, 7:25 am by Francesca Blackard
OWNERSHIP OF MEDICAL PRACTICE AFTER A DIVORCE Medical practices fall under an important caveat of Texas’ property division laws. [read post]
10 Aug 2016, 7:02 am by Greene LLP
Once a start-up, now a Johnson & Johnson subsidiary, Acclarent Medical will pay $18 million to settle a False Claims Act (“FCA”) suit that alleged its medical sales division promoted its devices to physicians for “off-label” uses and provided those physicians “kick-backs” in exchange for their business. [read post]
10 Aug 2016, 7:02 am by Greene LLP
Once a start-up, now a Johnson & Johnson subsidiary, Acclarent Medical will pay $18 million to settle a False Claims Act (“FCA”) suit that alleged its medical sales division promoted its devices to physicians for “off-label” uses and provided those physicians “kick-backs” in exchange for their business. [read post]
11 Jan 2023, 6:00 am by Linda C. Severin
Boynton, who heads DOJ’s Civil Division, warned medical device manufacturers: We will pursue appropriate relief when health care providers, including medical device manufacturers, knowingly put the safety and welfare of federal healthcare program beneficiaries at risk. [read post]
11 Dec 2014, 10:04 pm by Jon Gelman
The NJ Division of Workers Compensation, which does not yet  have a medical provider fee schedule, is now proposing rules to handle the processing medical provider claims/liens. [read post]
30 Oct 2017, 11:14 am by DeFrancisco & Falgiatano
The New York Appellate Division, Third Division, analyzed, in a recent decision, the ability of defendants in New York medical malpractice lawsuits to assert statutory privileges during the discovery process. [read post]
19 Mar 2024, 6:00 am by Public Employment Law Press
The Appellate Division said that DSNY had demonstrated that their finding that Plaintiff was medically disqualified for the position of sanitation worker due to his medical condition was not discriminatory under the New York State and City Human Rights Laws [HRLs] "because no reasonable accommodation would enable [Plaintiff] to perform the duties of the position safely and effectively". [read post]
19 Mar 2024, 6:00 am by Public Employment Law Press
The Appellate Division said that DSNY had demonstrated that their finding that Plaintiff was medically disqualified for the position of sanitation worker due to his medical condition was not discriminatory under the New York State and City Human Rights Laws [HRLs] "because no reasonable accommodation would enable [Plaintiff] to perform the duties of the position safely and effectively". [read post]
10 Oct 2017, 9:05 am by DeFrancisco & Falgiatano
In a recent decision, the Appellate Division, First Department, reversed a New York medical malpractice summary judgment ruling by the trial court. [read post]
22 Sep 2011, 2:58 pm
The Appellate Division, Second Department, reversed and reinstated the action, ruling that the Court erred in requiring plaintiff to produce medical literature supporting its conclusion which involved circumstances parallel to those at issue in the case. [read post]
29 Dec 2015, 11:59 am by Gallivan & Gallivan
The New York Supreme Court, Appellate Division, Second Department partly affirmed and partly reversed a trial court order for summary judgment in an action for medical malpractice. [read post]
2 Mar 2012, 5:26 am by Legal Profession
The New York Appellate Division for the Second Judicial Department has reversed a defendant's favorable verdict in a medical malpractice case. [read post]
13 Apr 2023, 8:23 am by Legal Profession Prof
The New York Appellate Division for the Third Judicial Department confirmed a determination to revoke a medical license Petitioner, a physician board-certified in family practice, was licensed to practice medicine in New York in 2009. [read post]